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9-101.  Notice of [excusal] facts requiring recusal (constitution or code of conduct).

[For use with District Court Rule 5-106 NMRA,

Magistrate Court Rule 6-106 NMRA,

Metropolitan Court Rule 7-106 NMRA and

Municipal Court Rule 8-106 NMRA]

 

STATE OF NEW MEXICO

[COUNTY OF ___________________ ]

[CITY OF _______________________ ]

__________________ COURT

                                                                                                                        No. ____________

[STATE OF NEW MEXICO]

[COUNTY OF ___________________ ]

[CITY OF _______________________ ]

 

  v.

______________________________, Defendant

 

NOTICE OF [EXCUSAL] FACTS REQUIRING RECUSAL

(CONSTITUTION OR CODE OF CONDUCT)

 

            The undersigned believes that the impartiality of the Honorable ______________ may reasonably be questioned because: _____________________________________ (set forth specific facts which prohibit the judge from presiding. The facts must be grounds for excusal under the New Mexico Constitution or the Code of Judicial Conduct.)

            The undersigned believes that participation of the above-named judge would be in violation of ________ of the Code of Judicial Conduct.

 

                                                                                    _______________________________

                                                                                    Signature of party

 

USE NOTES

 

            Each party must be served with a copy of this notice. See Rules 6-209, 7-209 and 8-208 NMRA. See Criminal Form 9-221 for the certificate of service and affidavit of service.

[As amended, effective November 1, 1995; May 1, 2002.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.